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Page 1: US-CHINA - Holland & Hart LLP · 2017. 1. 15. · 4 Thin film solar cells, other types of solar energy generating equipment, and other forms of solar technology (e.g. solar thermal

US-CHINA

Spring 2012

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US-CHINA

Spring 2012

A CollAborAtive report by:

American Council on renewable energy (ACore)www.acore.org

Lesley Hunter, Primary Editor & ContributorTom Weirich, ContributorLiz Brody, ContributorAnn Jung, Contributor

Chinese renewable energy industries Association (CreiA)www.creia.net

Liu Ying, Editor & ContributorLi Junfeng, Contributor

SeCtioN AUtHorS:

U.S. policyHolland & Hart LLP Ashley K. Wald

[email protected]

U.S. FinanceKaye Scholer LLP Madeleine M.L. Tan

[email protected]

U.S. Market FocusGoldwind Nancy Cook

[email protected]

China policyCovington & Burling, LLP Scott Livingston and William J. Friedman

[email protected]

[email protected]

China FinanceChina Greentech [email protected]

China Market FocusOerlikon SolarChristopher O’Brien

[email protected]

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US-CHiNA proGrAM

DuPontStanley Merritt

[email protected]

GCL-Poly EnergyShell Jiang

[email protected]

The US-China Program (USCP) of the American Council On Renewable Energy (ACORE) is dedicated to increasing understanding of the U.S. and Chinese renewable energy markets and fostering public and private sector partnerships between our two countries.

ACORE members who are leading voices in the U.S. and Chinese renewable energy industries are invited to join USCP as partners. Our partners actively shape program direction through consultation with other partners, the USCP strategic advisors, and ACORE staff.

We thank the USCP partners for their special effort toward this Spring 2012 US-China Market Review.

Hudson Clean Energy PartnersMichael Conti

[email protected]

GoldwindColin Mahoney

[email protected]

IBM Rolf Gibbels

[email protected]

Troutman Sanders LLPEdward Epstein

[email protected]

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tAble oF CoNteNtS

U.S. MArket review .............................................................................................................................. 7

U.S. Policy: The Anti-Dumping Case Against Chinese Solar Manufacturers and Implications for the U.S. Solar Industry ..................................................................................................... 7

U.S. Finance: Financing Renewable Energy Projects in the U.S.: Case Studies and Opportunities .....11

U.S. Market Focus: Chinese OEMs in the North American Wind Market — the 4P’s revisited ..............14

CHiNA MArket review .........................................................................................................................19

China Policy: Renewable Energy and China’s Five Year Plans ........................................................................19

China Finance: China’s Renewable Energy Financing Bottleneck ................................................................23

China Market Focus: Market Opportunity for Thin Film in China ..................................................................27

US-CHiNA CollAborAtioN UpDAte ................................................................................................... 31

Government Collaboration ........................................................................................................................................31

Private Sector Collaboration ...................................................................................................................................33

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77

U.S. MArket review

U.S. poliCy: tHe ANti-DUMpiNG CASe AGAiNSt CHiNeSe SolAr MANUFACtUrerS AND iMpliCAtioNS For tHe U.S. SolAr iNDUStry

Ashley k. waldHolland & Hart LLP

SUMMAryIn October of last year, SolarWorld Industries America,

Inc., a U.S. manufacturer of solar cells and panels,

along with six other U.S. solar manufacturers, filed an

anti-dumping petition with the U.S. International Trade

Commission and the U.S. Department of Commerce.

The petition alleges that Chinese panel manufacturers

have been receiving illegal subsidies and are dumping

their product in the U.S. The petitioners argue that

unfair trade practices are driving U.S. manufacturers

out of business and are taking jobs away from American

employees. The case has moved beyond preliminary

investigations by both agencies and will be decided later

this year.

While some commentators have applauded what they

see as a necessary effort to level the trade playing

field with Chinese manufacturers and to protect U.S.

businesses and jobs, others are worried about the

negative effects that this case and a potentially broader

trade dispute with China could have on the U.S. solar and

renewable energy industries, as well as on consumers

and rate-payers. For example, they worry that those

who export to China the very silicon used to make solar

panels and other valuable raw materials will be harmed

by retaliatory actions by the Chinese government, and

that both China and the U.S. could miss the opportunity

to continue to push down the price of solar energy,

which could have a chilling effect on the development of

solar projects around the world.

This article summarizes the status of the pending trade

case and the arguments on both sides of the debate.

iNtroDUCtioNA recent anti-dumping case before the U.S. International

Trade Commission (USITC) and the U.S. Department of

Commerce (USDOC) that could have a significant impact

on the U.S. solar industry (and beyond) has generated

significant interest and discourse. Where one “resides” in

the U.S. solar industry supply chain leads to very different

views on the merits and impact of the trade case.

i. StAtUS oF tHe ANti-DUMpiNG CASeOn October 19, 2011, SolarWorld Industries America,

Inc., a manufacturer of solar cells and panels in the U.S.,1

1 See http://www.solarworld-usa.com/about-solarworld.aspx.

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US-CHINA MARKET REVIEW

along with six other (unnamed) U.S. solar manufacturers

that collectively form the Coalition for American Solar

Manufacturing (CASM),2 filed a complaint with the

USDOC and the USITC3 against Chinese manufacturers

of crystalline silicon photovoltaic cells,4 regardless

of whether the cells had been assembled into solar

modules.5 The petitioners allege that Chinese solar

panels are being “dumped” into the U.S. market,

meaning that they are being sold below market or

“normal” value (i.e. the price for which the Chinese

manufacturer is selling its solar panels in domestic

markets).6 The petition also alleges that Chinese

manufacturers have benefitted from unfair subsidies,

loans, and other benefits from the Chinese government

at the expense of the U.S. solar manufacturing industry,

which has closed factories and watched its global market

share diminish.7

Procedurally, the USDOC conducted an initial

investigation and determined on December 13, 2011 that

it would continue to pursue the claim. A preliminary

decision by the USDOC on dumping margins was initially

expected on January 12, 2012 but was postponed until

March 27, 2012. On March 9, 2012, the decision was again

postponed until May 17, 2012.8

Substantively, on January 27, 2012, the USDOC found

that there had been “massive imports of solar cells”9

from Suntech, Trina and other producers or exporters of

Chinese solar cells and panels over a relatively short time

period towards the end of 2011,10 which constitutes what

the USDOC deems as “critical circumstances.” If the USITC

also makes a determination of “critical circumstances”

in its final ruling,11 this finding could allow the USDOC

to impose dumping duties starting at an earlier date

than would otherwise apply.12 On March 20, 2012, the

USDOC addressed the question of countervailing duties

(also called “anti-subsidy duties” because they are

intended to offset the effect of subsidies) by issuing

a preliminary decision that the Chinese government is

subsidizing Chinese solar manufacturers, and ordered

the imposition by U.S. Customs and Border Protection of

tariffs on Chinese manufacturers of 2.90–4.73%.13 Modules,

laminates, and panels produced in a third-country from

cells produced in China are also covered by the decision.

Final tariffs will be decided in June.

The USITC found on December 13, 2011 that there is a

“reasonable indication” that the practices of importers of

Chinese cells are hurting the U.S. solar industry.14 A final

injury determination by the USITC is expected in July. To

date, all of the rulings by the USDOC or USITC have been

in favor of the U.S. manufacturers.

2 See http://www.americansolarmanufacturing.org.3 The USITC’s role is to determine whether there is injury or a threat of injury to a U.S. industry; the USDOC’s role is to determine whether

dumping is taking place and to evaluate the “margin” between the dumped price and normal value.4 Thin film solar cells, other types of solar energy generating equipment, and other forms of solar technology (e.g. solar thermal technology,

etc.) are excluded from this case. 5 Petition for the Imposition of Anti-dumping and Countervailing Duties: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into

Modules, from the People’s Republic of China (October 19, 2011), page 1.6 See http://www.wto.org/english/tratop_e/adp_e/adp_info_e.htm. 7 “China Investigation Moves Forward,” Solar Industry Magazine, January 12, 2012. 8 See http://www.forbes.com/sites/greatspeculations/2012/03/09/chinese-solar-firms-get-a-breather-as-import-tariff-ruling-is-delayed. 9 Department of Commerce, International Trade Administration (C-570-980), January 27, 2012.10 The exporters have countered that any surge during that period was in response to developers wanting to qualify for the Section 1603 cash

grant, which expired on December 31, 2011.11 See http://www.greentechmedia.com/articles/read/China-U.S.-Solar-Trade-Claim-Update. 12 The starting date of suspension of liquidation of an item and the posting of a cash deposit or bond is the date of publication of an affirmative

preliminary determination in the Federal Register. In anticipation of high preliminary dumping duties, the importer may deliberately import and stockpile large quantities of a product under investigation in order to avoid the possible payment of anti-dumping duties. Usually, an importer can import a product that is under investigation in a trade case without risk of liability for duties during the period between the date of the publication of the initiation of an investigation and the date of an affirmative preliminary determination. However, as an anti-circumvention measure, the dumping regulations provide for a 90-day retroactive suspension of liquidation under “critical circumstances.” If imposed, the duties would have been applied retroactively to all imports of cells and modules from Chinese exporters that were brought into the U.S. starting on Dec. 3, 2011.

13 See http://thehill.com/blogs/e2-wire/e2-wire/217091-us-imposes-tariffs-on-chinese-solar-imports. 14 See http://www.usitc.gov/secretary/fed_reg_notices/701_731/701_481_notice12132011sgl.pdf.

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U.S. MARKET REVIEW

ii. iMpliCAtioNS For tHe U.S. AND GlobAl SolAr iNDUStryWhile the focus of the USDOC and USITC investigations

is on the legality of the trade practices, not the

advantages or disadvantages for U.S. companies,15 the

U.S. solar industry has, not surprisingly, reacted strongly

both for and against the trade case.

According to CASM, “[a]t least 12 domestic producers

have undertaken layoffs, gone bankrupt, or closed plants

in all regions of the country over the past two years”16

as a result of what CASM believes to be unfair trade

practices by Chinese manufacturers. CASM further states

that Chinese manufacturers caused:

“market pricing in the United States to collapse in

2011 — with an average worldwide price decline of

40% — despite a growing market for these goods,

[…] [which] has had a devastating impact on the

U.S. solar cell and panel industry, resulting in

shutdowns, layoffs, and bankruptcies throughout

the country.”17

In addition, the well-publicized bankruptcy of Solyndra

(which came on the heels of the bankruptcies of several

other U.S. panel manufacturers) was also blamed by

some, including Energy Secretary Steven Chu, on unfair

competition from Chinese manufacturers.18

Today, three-fifths of the world’s solar panels are

produced in China.19 Approximately 95% of those panels

are exported, many of them to the United States.20 Some

studies indicate, however, that the U.S. solar industry

runs a trade surplus with China, selling equipment and

other exports — including the very silicon used to make

the disputed panels — to Chinese solar companies.21

One group that has been actively speaking out against

the trade case is the Coalition for Affordable Solar

Energy (CASE).22 CASE argues that the imposition of

duties would amount to protectionism, which could

have a negative impact on “more than 5,000 American

solar companies, mostly small businesses, and cost

more than 100,000 American jobs.”23 CASE argues

that should duties be imposed, there would be a loss of

American solar exports (silicon, in particular) and that

this would hamper U.S. manufacturers’ ability to sell

silicon, raw materials, and solar equipment around the

world, including to China. In addition, CASE argues that

if cheaper Chinese solar panels were no longer available

to the U.S. market, the price for solar energy could rise,

reversing the recent trend that has enabled the price of

solar energy to become increasingly competitive with

other technologies, including traditional fuel sources.

Commentators siding with the petitioners in the trade

case retort that if Chinese manufacturers eventually do

force U.S. panel manufacturers out of the market, the

very competition that drove panel prices down by more

than 30% in 2011 would be replaced by a monopoly of

Chinese manufacturers that would push prices back

up, to the detriment of virtually all players in the solar

industry and, ultimately, of all retail consumers of

electricity.24

In anticipation of the imposition of import duties by

the USDOC, many Chinese manufacturers had already

started to move their operations to other countries,

including Taiwan and Korea, where solar cells and panels

can be produced, assembled, and then imported to the

U.S. without being subject to the duties that may result

from this case.25 Price quotes for both trade-compliant

15 See http://www.forbes.com/sites/jenniferkho/2011/12/06/foul-or-fair-u-s-solar-firms-debate-china-solar-subsidies/.16 See http://www.americansolarmanufacturing.org/news-releases/01-30-12-casm-critical-circumstances.htm.17 See http://www.americansolarmanufacturing.org/fact-sheet/. 18 See http://www.csmonitor.com/Business/Latest-News-Wires/2011/0907/Bankruptcy-for-Solyndra.-Is-it-China-s-fault. 19 Arabic Knowledge @ Wharton, “Is China’s Solar Industry Heading for an Eclipse?” December 20, 2011.20 George Haley and Usha Haley, “Bringing Solar Manufacturing Back,” The Hill, February 7, 2012.21 Arabic Knowledge @ Wharton, “Is China’s Solar Industry Heading for an Eclipse?” December 20, 2011.22 See http://coalition4affordablesolar.org/. 23 Ibid.24 See http://www.triplepundit.com/2011/12/chinese-trade-war-solar-panels-killed-solyndra/. 25 It should be noted that these non-Chinese manufacturing operations are not immune from a separate dumping investigation if U.S. petitioners

can present evidence that their sales are also below normal value.

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US-CHINA MARKET REVIEW

and non-trade-compliant modules available for Q2 2012

delivery through the end of the year are rumored to

already be available.26 In anticipation of being charged

with retroactive tariffs, companies like Trina Solar had

already begun to put aside $3.3 million to cover duties

on shipments that were made in December 2011.27

Following the USDOC’s March 20, 2012 decision, a cash

deposit or bond will now be required by U.S. Customs

and Border Protection for all importers of Chinese

solar panels.28

Meanwhile, the next fronts on the apparent “green

energy trade war” with Chinese manufacturers are

taking shape. There is speculation that SolarWorld AG,

the parent of SolarWorld Industries America, Inc. in

Germany, will file a trade complaint against Chinese

manufacturers that sell panels to the European Union.

China, too, has indicated that its Ministry of Commerce

will conduct an investigation as to whether the U.S.

unfairly used subsidies to the detriment of the Chinese

renewable energy industry, including whether the U.S.

dumps silicon in China.29 A petition from a coalition of

U.S. wind power companies filed in late December 2011

seeks an investigation into dumping by Chinese and

Vietnamese manufacturers of utility-scale wind towers.30

Most recently, in March 2012, the U.S., along with

members of the European Union and Japan, threatened

to bring a trade case to the World Trade Organization

based on allegations that China is violating international

trade rules through its restrictions on the export of rare

earth minerals, which are frequently used in various

renewable energy technologies.31

CoNClUSioNThe trade case against Chinese solar manufacturers

has the potential to impact not only the parties that

are directly involved but also the U.S. and global solar

industries as a whole. Trade issues related to the U.S.

solar industry, which already faces challenges from

other policy uncertainties, will persist for some time

and will require close monitoring and clear thought. The

industry’s best and brightest should be encouraged to

seek a prompt, balanced resolution of these issues.

AboUt tHe AUtHorAshley K. Wald is an associate with the Energy and

Infrastructure group at Holland & Hart LLP. Her practice

focuses on renewable energy project development and

finance. Holland & Hart LLP has grown into a full-service

law firm of more than 400 lawyers in 15 offices across

the Rocky Mountain region and in Washington D.C. The

author wishes to thank Tuukka Hess, Ivan Koves, and Mark

Safty for their insight and comments.

26 See http://www.greentechmedia.com/articles/read/solar-trade-war-it-just-doesn’t-matter. 27 See http://www.forbes.com/sites/greatspeculations/2012/03/09/chinese-solar-firms-get-a-breather-as-import-tariff-ruling-is-delayed.28 See http://thehill.com/blogs/e2-wire/e2-wire/217091-us-imposes-tariffs-on-chinese-solar-imports.29 See http://www.nytimes.com/2011/11/26/business/energy-environment/china-looking-into-us-policies-in-renewable-energy-trade.html. 30 On December 29, 2011, a trade case on behalf of the Wind Tower Trade Coalition was filed against Chinese and Vietnamese producers of

utility-scale wind towers. 31 See http://www.reuters.com/article/2012/03/13/us-china-trade-eu-idUSBRE82C0JU20120313.

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U.S. MARKET REVIEW

U.S. FiNANCe: FiNANCiNG reNewAble eNerGy projeCtS iN tHe U.S.: CASe StUDieS AND opportUNitieS

Madeleine M.l. tanKaye Scholer LLP

overviewThe development and rapid growth of renewable

energy projects in the U.S. have been driven largely by

government incentives, most of which take the form of a

tax credit. Investors in wind farm projects have benefited

from production tax credits (PTCs), and investment tax

credits (ITCs) have offered solar project investors the

ability to claim a certain percentage of their investment

in the capital cost of the project as an immediate credit.

Such tax credits opened up investments in renewable

energy projects to a class of investors known as tax

equity investors. Immediately following the financial

crisis, corporate profits declined significantly and reduced

the number of tax equity investors who could benefit

from such tax credits. To mitigate this, the Obama

administration introduced the 1603 Cash Grant in Lieu

of Tax Credits program to fill the gaps left by tax equity

investors who exited the market. (The program expired

at the end of 2011.) Statistical evidence has shown that

the administration’s cash grant program kept the pace

of renewable energy development in the U.S. active

throughout 2009, 2010, and 2011. With the gradual

stabilization of the U.S. economy and a corresponding

increase in corporate profits, we have witnessed the

return of some tax equity investors and the emergence

of new entrants in the renewable energy market. It is

unclear, however, whether the new entrants will have

sufficient capacity to fill the gap left by the expiration of

the cash grant program. Added to this is the uncertainty

surrounding the extension of the PTC for wind, which is

scheduled to expire at the end of 2012. Additionally, there

are concerns regarding the availability of debt to finance

renewable energy projects in light of the continuing

Eurozone crisis. Despite the uncertainties, the wind

and solar markets are robust, and there is an increasing

interest in tapping the capital markets and investors in the

private placement markets for funding needs.

In January 2012, the American Wind Energy Association

(AWEA) reported that, at the close of 2011, there were

over 100 wind projects under construction across 31

states in the United States and Puerto Rico, representing

a generating capacity of approximately 8,320 megawatts

(MW). With the impending expiration of the PTCs,

there is a great rush in the early part of 2012 to either

break ground on wind projects or complete those that

broke ground in the fourth quarter of 2011. According

to Bloomberg New Energy Finance, the U.S. invested

$55.9 billion in solar development in 2011, up 33% from

the previous year. The pace of solar development is

expected to continue, although it too faces the prospect

of the expiration of ITCs by the end of 2015.

Of note, Terra-Gen Power recently launched a bank-

only $600 million financing scheme to support the

next 300 MW of development at its Alta Wind Project.

BrightSource Energy also announced that it may

seek more than $1 billion in bank debt and bonds

for its concentrating solar project in California. In

addition, Topaz Solar Farms, LLC (Topaz) — a project

company owned by MidAmerican Energy Holdings Co.

(MidAmerican) through its subsidiary MidAmerican

Renewables, LLC — issued $850 million of investment

grade-rated bonds in a private placement for its solar

photovoltaic (PV) farm in California.

topAZ SolAr FArM CASe StUDyThe Topaz transaction demonstrates that there is a

new group of investors who are willing to provide

long-term financing for renewable energy projects. The

550 MW Topaz project is under construction in San

Luis Obispo County, California and will use thin film PV

panels manufactured by First Solar. Topaz’s indirect

parent, MidAmerican, will contribute 40% of equity for

construction costs. Topaz had initially approached the

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US-CHINA MARKET REVIEW

market with a $700 million issuance of Series A Notes set

to mature in September 2039 to finance the project. It

was reported that the initial issuance was oversubscribed

and was ultimately enlarged to $850 million. The Series

A Notes were reportedly priced at 5.75% and were issued

at par, with 90% of orders from insurance companies.

Topaz obtained investment-grade ratings for its Notes

from three rating agencies: Fitch (BBB-), S&P (BBB-) and

Moody’s (Baa3).

The Topaz bonds are interesting because of their long,

25-year tenor, maturing just 6 months prior to the

maturity date of the power purchase agreement (PPA)

entered into by Topaz with Pacific Gas & Electric Co.

(PG&E). Such tenor would generally be too long for the

bank loan market. For example, in late 2011, as the credit

markets in Europe began to tighten, an existing long-

term bank loan on a wind project was restructured and

the tenor was reduced from 18 years to 10 years, with

pricing at LIBOR + 275 bps (up from 237.5 bps), with

increased up-front fees. By tapping the capital markets,

Topaz was able to reach a new group of investors,

such as insurance companies, who were able to make

long-term investments. The 25-year PPA, under which

Topaz will sell 100% of its output to PG&E, provides the

project with a defined long-term revenue stream, and its

fixed-price feature mitigates price risk. The strong credit

quality of the purchaser PG&E (rated A3 by Moody’s)

also supported the rating on the bonds.

Other features of the transaction that facilitated Topaz

in obtaining an investment-grade rating on the Notes

included:

Strong support from a credit-worthy sponsor

(MidAmerican is rated BBB+ and had committed to

provide up to 100% of the construction cost if no

debt could be raised, thus ensuring that construction

could be completed even if no Notes were sold);

The extensive experience and good reputation

of First Solar as the panel manufacturer and

of its division, First Solar California, Inc., as the

engineering, procurement, and construction

contractor and operator (EPC Contractor); and

The fact that the PPA would be effective for any

amount of capacity that achieved commercial

operation prior to its guaranteed commercial

operation date.

The transaction demonstrates an increasing interest

in renewable energy projects that provide long-term,

stable revenues from the sale of power to utilities.

SeCUritiZAtioN MArketAnother potential market that renewable energy

sponsors could tap is the securitization market. From

an issuer’s perspective, securitized debt — similar to the

privately placed bonds in deals such as Topaz — has the

potential to provide better pricing and a longer tenor

than bank loans. For investors, securitized debt backed

by revenue payments linked to renewable energy assets

could provide higher yields than the securitized debt of

on-the-run assets. Unlike project bonds like those in the

Topaz case, however, securitization offers the sponsor

the ability to ring-fence the renewable energy assets

into a separate, limited-purpose, debt-issuing entity and

to obtain financing through bonds that are rated higher

than those of the sponsor or the operating company.

Note that in the Topaz transaction, MidAmerican was

rated BBB+, whereas the project bonds were rated BBB-

(and its equivalent of Baa3 by Moody’s).

Previous securitization of renewable energy assets has

involved wind farms, but a securitization of solar assets

has yet to be completed. Even though solar may be

a new asset class, securitizations of operating assets

generally are not new to the rating agencies or investors

in asset-backed securities. There have been several prior

securitizations by operating lessors of aircraft, freight

railcar, and shipping container portfolios, and such

transactions offer guidance as to appropriate structures

for potential issuances of securitized debt in the solar area.

It is important to note however, that there are several

challenges to bringing a successful securitized deal to

market. In addition to risk retention rules under Dodd-

Frank, there could potentially be substantive disclosure

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U.S. MARKET REVIEW

requirements for various ABS asset classes, and it should

be expected that disclosure of historical performance

data will be a requirement for any such rules. This

could be challenging for most sponsors since long-term

operating data for solar facilities in the U.S. are not yet

available.

AboUt tHe AUtHor Madeleine Tan is a Partner in Kaye Scholer’s Structured

Finance group and is Co-Head of the firm’s Energy

group. Her practice focuses on the development and

financing of alternative energy projects such as wind

farms, utility-scale solar projects, distributed generation

solar installations, and biofuel projects, among other

renewable energy projects, as well as conventional

energy projects. She has advised equity investors,

sponsors and lenders. In addition, she has in-depth

experience with current partnership and leasing

structures employed in the U.S. in financing renewable

energy projects and has advised on cross-border

transactions covering multiple jurisdictions in the U.S.,

Latin America, Europe, Asia and Australia.

Kaye Scholer LLP provides strategic counsel and legal

services to the Fortune 500, middle-market companies and

government entities on a full range of US and international

matters Founded in New York in 1917, Kaye Scholer’s 450

lawyers regularly advise on matters across multiple legal

jurisdictions, including the U.S., U.K., E.U. and China.

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U.S. MArket FoCUS: CHiNeSe oeMS iN tHe NortH AMeriCAN wiND MArket — tHe 4p’S reviSiteD

Nancy CookGoldwind

projeCt pipeliNeThe U.S. wind industry closed out 2011 with 34.05

megawatts (MW) of commissioned Chinese wind

capacity in nine separate wind farms, representing seven

different OEMs (Figure 1). The development of small-

scale pilot projects has been the preferred entrance

strategy among Chinese OEMs, offering manufacturers

a controlled proving ground for the initial deployment of

their technology in the U.S. market.

Even in challenging market conditions, Chinese OEMs

have still been effective in gaining acceptance among

independent power producers (IPPs) and developers,

taking in over 173 MW of orders during 2011. All 14

of these publicly announced projects, which span

seven U.S. states, are either under development

or construction, with anticipated 2012 commercial

operation dates (COD).

overviewLike many of the world’s wind power markets, the

North American wind energy industry finds itself in flux.

Within the European Union, the once flourishing onshore

market has slowed considerably due in large part to

policy uncertainty and an overall economic malaise. As a

result, much of the European market has been forced to

refocus efforts offshore. Meanwhile, while many expect

the Chinese wind industry to maintain a sustained growth

trajectory, Chinese original equipment manufacturers

(OEMs) are bracing as the government updates its

mechanisms for promoting growth, shifting targets from

installed capacity to annual wind power generation, and

modifying guidance on project finance. And while many

in the North American wind industry remain optimistic,

there is no doubt that the lack of a federal renewable

energy policy and the detrimental effects of natural gas

pricing on long-term power purchase agreements (PPAs)

has caused the U.S. wind market to

experience a significant tightening in

recent years.

Despite these uncertainties,

however, there are more OEMs

in the market than ever. An

environment with fewer projects

and more players requires the

industry to shift its focus to

mastering a new set of “P’s”: project

pipeline, performance, policy, and

people. This paper will examine the

four P’s in relation to Chinese OEMs

in the North American wind market.

FiGUre 1: liSt oF CHiNeSe oeMS witH projeCtS iN tHe U.S.32

Supplier State Capacity (Mw) project Name year online

Huide TX 10 MW Lubbock 2007

New United MN 1.5 MW Prior Lake 2009

Goldwind MN 4.5 MW Uilk 2010

A-Power TX 2.05 MW Spinning Star 2010

Sany TX 10 MW Ralls 2011

Sinovel MA 1.5 MW Delauri 2011

Goldwind IA 1.5 MW Traer 2011

Goldwind IA 1.5 MW Little Cedar 2011

Goldwind IA 1.5 MW Story City 2011

32 IHS Emerging Energy Research On-point: China OEM’s to surpass 150MW of US Wind Installations in 2012. February 27th 2012.

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U.S. MARKET REVIEW

While historically the turbine technology offered by

many of the Chinese OEMs has included smaller MW

models than those offered by the incumbent OEMs, 2011

order activity mirrors the overall industry trend towards

larger rated capacity models, with all Chinese OEMs

offering products larger than 1.5 MW. The benefits of

larger nameplate wind turbines include minimizing crane

and installation resources, reducing visual impact, and

maximizing energy output, especially on pad-constrained

sites. Wind farm developments moving increasingly

towards load centers, along with the abundance of future

re-powering projects and further reductions in top-head

mass through technological innovation, will encourage the

trend towards higher rated capacities.

FiGUre 2: MAp oF CHiNeSe wiND projeCtS SCHeDUleD For operAtioN iN 2012 33

OEM MW PROJECT YEAR COD

GOLDWIND 1.5 LA POSTA 2012

OEM MW PROJECT YEAR COD

GOLDWIND 20 Musselshell 2012

OEM MW PROJECT YEAR COD

UNITED POWER

9 HARBOR WIND

2012

OEM MW PROJECT YEAR COD

GOLDWIND 109.5 SHADY OAKS 2012

OEM MW PROJECT YEAR COD

GOLDWIND 1.5 N. KINGSTOWN GREEN

2012

GOLDWIND 4.5 NARRAGANSETTBAY

2012

OEM MW PROJECT YEAR COD

SINOVEL 3 FAIRHAVEN 2012

SINOVEL 1.5 SCITUATE 2012

SANY 2 FALL RIVER 2012

GOLDWIND 1.5 CAMELOT 2012

OEM MW PROJECT LOCATION YEAR COD

GOLDWIND 1.5 ENEL REDACTED 2012

OEM MW PROJECT YEAR COD

GOLDWIND 10 GEORGIA MOUNTIAN

2012

OEM MW PROJECT YEAR COD

GOLDWIND 3 COOPER FARMS

2012

GOLDWIND 4.5 HAVILAND 2012

33 Content: IHS Emerging Energy Research On-point: China OEM’s to surpass 150MW of US Wind Installations in 2012. Visual: http://www.dsireusa.org/ DSIRE, database of state incentives for renewable energy.

34 IHS Emerging Energy Research On-point: China OEM’s to surpass 150MW of US Wind Installations in 2012. February 27th 2012.

FiGUre 3: wiND projeCt CApACity by CoMMerCiAl operAtioN DAte (CoD)34

Rated Capacity0-5MW

Huide 2.5New United 6-10 MWGoldwind 2.0

Apower 11-99 MW

Sany1.5

SinovelUnited Power

1.0>100MW

2007 2008 2009 2010 2011 2012

Year of COD

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US-CHINA MARKET REVIEW

perForMANCeAccording to GL Garrad Hassan, a “commercially proven”

turbine is one which has achieved at least 100 turbine-

years of experience in the North American market

operating at an availability level of 95% or greater. While

U.S. banks and developers may not explicitly rely on

the GL Garrad Hassan qualification of “commercially

proven” to determine commercial viability, this level of

operational experience is considered a general minimum

standard. Therefore, multiple commercial deployments

across geographically diverse regions are necessary

not only to satisfy the 100 equivalent turbine years

of operational experience necessary to be deemed

“bankable” but also to showcase the OEM’s ability to

execute on supply chain and operation and maintenance

(O&M) strategies.

Success will lie with those market entrants who are able

to balance the use of proven platforms that satisfy the

aforementioned performance threshold with product

innovation. The U.S. market is particularly thirsty for

technologies which have room to mature and thus

further reduce the overall cost of energy. These products,

both mechanical and process-based, are establishing

a foothold in the mainstream turbine market thanks to

innovative foresight and the buy-in of early adopters.

Some examples of this type of innovation include:

pM Generators: Permanent magnet generator

technology offers enhanced generator efficiency,

especially when performing below rated capacity

at low wind speeds. Further design refinements will

result in the continued reduction of both weight and

cost.

Gearless Solutions: Direct drive technology solves

size and weight issues associated with traditional

drive train systems by drastically reducing torque

density. Furthermore, its mechanical simplicity, due

to a lack of high speed rotational parts, increases

lifetime operating reliability and reduces O&M costs.

increased Hub Height: Taller towers permit the

utilization of larger rotor diameters. The generally

improved wind resources at higher hub heights

and the wider swept area of larger blades result in

improved turbine efficiency and increased annual

energy production.

blade Design: Airfoil design remains one of the most

powerful means to dial up annual energy production

per installed wind turbine generator (WTG).

Continued improvements through weight reduction,

noise abatement, and manufacturing consistency will

result in increasingly efficient technologies.

Condition-based Maintenance: This business-case

approach to wind turbine maintenance integrates

weather forecasting, condition monitoring systems,

traditional supervisory control and data acquisition

(SCADA) data, variable power prices, availability

of labor and spare parts, and overall service

history into a holistic maintenance philosophy. This

strategy utilizes sophisticated planning to balance

maintenance with production in order to maximize

revenue.

With the maturation of these innovations, the

competitiveness of wind compared to other sources of

power generation will continue to improve.

poliCyOf course, support for research and development

aimed at improving the efficiency of both new and

existing technologies will ensure that wind remains a

viable component of any long-term national energy

policy. Both policy-makers and the industry, however,

remain somewhat divided on which policy structures

will best support the industry’s continued, long-term

growth. Certainty is the common thread among policy

considerations, enabling the industry’s supply chain to

make investment decisions that facilitate the expansion

of domestic wind generation.

Most of the incentive schemes that have advanced

the U.S. wind industry to date require periodic re-

authorization. This has resulted in a boom-and-bust

cycle for the financing, development, and installation of

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17

U.S. MARKET REVIEW

wind capacity. The production tax credit (PTC) has been

allowed to expire multiple times over the past decade,

significantly disrupting the industry’s ability to plan,

invest, and expand. Moreover, historically, expiration of

the PTC has led to drops in annual MW installations of

between 70 and 100% (Figure 4).

Although improving tax equity markets and the PTC’s

past success augur well for the growth of the wind

industry, weak utility demand and low natural gas prices

continue to place downward pressure on the market.

Certainty, provided on a federal level, remains the most

fundamental market need.

peopleFor a Chinese OEM working to enter the U.S. market, the

task of navigating politically charged, hyper-competitive

waters can be daunting. Job creation remains one of the

most highly energized topics as the U.S. approaches the

2012 presidential elections. According to the American

Wind Energy Association (AWEA), the U.S. wind industry

supported 85,000 and 75,000 direct and indirect jobs

in 2009 and 2010, respectively. With all eyes on future

industry employment rates and wind’s potential to

compete in a non-PTC environment, the extent to which

OEMs work locally becomes critical.

Strong local sourcing partnerships permit new entrants

to increase supply flexibility while contributing positively

to U.S. job creation. According to a Bloomberg New

Energy Finance report published in April of 2011, upon

entering the U.S. market, “Chinese firms will need a team

with U.S. development experience to navigate local

complexities. The U.S. permitting process varies from

state to state and is significantly different from foreign

markets. It is very difficult for foreign developers to

develop large-scale projects in the U.S. without a local

partner or consultant.”36 Additionally, an organically

grown U.S. team allows any foreign entrant to be close to

the customer, minimize response times, and buffer and

manage challenges arising from cultural and time zone

differences.

35 MAKE Consulting Q4/2011 Market Outlook Update36 Bloomberg New Energy Finance April 21st 2011: “Coming to America? New Asian Turbine Exports to the United States”.

-75%10

9

8

7

6

5

4

3

2

1

0

GW

< ’00 ’00 ’01 ’02 ’03 ’04 ’05 ’06 ’07 ’08 ’09 ’10 ’11 ’12e ’13e ’13 ’14e ’15e ’16e

-97%-74% -76%

-59%

Past PTC Expirations

WorstCase

Upcoming PTC

Expiration

Post PTC Policy

Uncertainty

Historic installations

Estimated installations

FiGUre 4: projeCteD iMpACt oF ptC expirAtioN oN U.S. wiND iNStAllAtioNS35

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US-CHINA MARKET REVIEW

lookiNG AHeADIt is highly likely that China will maintain its leadership

position in the global wind market. Chinese OEMs are

poised to become the world leaders in global installed

capacity. While it is unlikely that this will be the case in

North America in the short term, it is clear that Chinese

OEMs are establishing track records of success with an

increasingly sophisticated customer base. Chinese OEMs

will certainly earn a piece of the U.S. market, but the multi-

million dollar question remains: just how big will the pie be?

AboUt GolDwiNDGoldwind, the second largest turbine manufacturer in

the world, is the leader in PMDD technology with over

a decade of operational experience. With operations

across four continents, Goldwind offers a turnkey menu

of services including R&D, project development, turbine

manufacturing, supervision & after-sale service - with

the ability to offer financing solutions through its global

network of Goldwind companies and extensive, global

resources. Goldwind’s headquarters for North and South

America are based in Chicago, Illinois.

Nancy Cook holds the position of Director of Marketing

& Strategy for Goldwind USA Inc. and is responsible for

leading the company’s product & branding strategy. Prior

to joining Goldwind, Nancy spent three and a half years

with Spanish wind turbine manufacturer Gamesa, working

in a similar role.

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CHiNA MArket review

CHiNA poliCy: reNewAble eNerGy AND CHiNA’S Five yeAr plANS

Scott livingston and william j. Friedman Covington & Burling, LLP

Development of Strategic Emerging Industries (the “SEI

Decision”). The SEI Decision targeted seven strategic

emerging industries to receive priority in national

development: a group which includes “new energy,”

“energy conservation and environmental protection,”

and “clean energy vehicles.”38

China’s focus on encouraging innovation in these

industries was confirmed with the release of the nation’s

12th Five Year Plan (the 12th FYP) in March 2011. The

12th FYP sets national policy for China’s economic and

social goals and strongly influences the decisions of key

regulatory authorities, policymakers, and the business

leaders of China’s powerful State-owned Enterprises

(SOEs).39 Over the course of the recently concluded 11th

FYP, for example, China’s emphasis on clean energy

development resulted in investment of RMB 2 trillion

toward domestic energy efficiency and environmental

protection measures, raising the global competency of

Chinese industries in solar and wind power and helping

Companies looking to invest in China’s renewable energy

sector will be encouraged by the pronounced trend of

government support for reliance on renewable energy.

The selection of “new energy,”37 “energy conservation,”

and “clean energy vehicles” as three of the seven

strategic emerging industries, and their promotion within

the national and industry-specific 12th Five Year Plans

(FYPs), promises a growing market for renewable energy

goods and services in China over the coming decade.

While China’s market for renewable energy is well worth

pursuing due to its unique state-led development model

and its stated desire to create “national champions”

in renewable energy, careful selection of in-country

partners is key.

i. CHiNA’S 12tH Fyp bUilDS oN tHe StrAteGiC eMerGiNG iNDUStrieS iNitiAtiveSIn 2010, China’s State Council released the Decision

of the State Council on Accelerating the Fostering and

37 “New energy” is technically broader than renewable energy (including clean coal and non-conventional gas) but includes a significant renewable energy component.

38 The strategic emerging industries are: new energy, biotechnology, new-generation information technology, high-end equipment manufacturing, advanced materials, clean energy vehicles, and energy-conservation and environmental protection.

39 SOEs are business entities established and supervised by central and local governments. They frequently function as tools for implementing state policy. Estimates indicate eight SOEs account for 70% of revenues in the power sector and are responsible for 90% of power output. US-China Economic and Security Commission. “An Analysis of State-owned Enterprises and State Capitalism in China.” 26 October 2011. http://www.uscc.gov/researchpapers/2011/10_26_11_CapitalTradeSOEStudy.pdf

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20

US-CHINA MARKET REVIEW

make China the world’s largest producer of photovoltaic

cells.40 For foreign companies that can structure their

market entry and operations in accordance with the

requirements of the 12th FYP, economic opportunities

are plentiful.

The release of the national 12th FYP furthered the call

for the development of the strategic emerging industries

and included a number of economic goals targeting

renewable energy, including:

A focus on the development of key technological

equipment for efficient energy conservation;

advanced environmental protection; and resource

recycling, products and services

A focus on the development of new-generation

nuclear energy and solar energy utilization;

photovoltaic and photo-thermal power generation;

and wind power technological equipment, intelligent

power grids, and biomass energy

Construction of solar energy power stations with a

total installed capacity of over 5 million kilowatts

(kW), with a focus on Tibet, Inner Mongolia, Gansu,

Ningxia, Qinghai, Xinjiang, and Yunnan

Increased growth in new strategic industries as a

percentage of GDP from 5% in 2010 to 8% by 2015

and 15% by 202041

The 12th FYP is further supplemented by provincial and

industry specific FYPs that specify in greater detail the

general goals enumerated in the national FYP.

In December 2011, The National Energy Administration

(NEA) released China’s 12th Five Year Plan for Energy

Technology (Energy FYP). The Energy FYP seeks to

“provide a technological base for the development of

the strategic emerging industries” by 2015 through

achievement of the following scientific and technical

development objectives:

Assimilate and absorb third generation nuclear

technologies and foster independent intellectual

property rights for nuclear reactor design and

manufacturing of key technology

Improve solar cell efficiency; achieve low cost,

large-scale industrial application; and develop 100

megawatts (MW) multi-type solar energy integration

and grid connection technology with proprietary

intellectual property rights

Master the technology for design and manufacturing

of 6-10 MW wind turbines and key components

On February 24, 2012, the Ministry of Industry and

Information Technology released the 12th Five Year Plan

for the Solar Photovoltaic (PV) Industry (Solar PV FYP),

which contains the following targets:

By 2015, to achieve PV module costs of 7000 RMB/

kW, PV system costs of 1.3 RMB/kW, and power

generation costs of 0.8 RMB/kW

To enhance enterprise innovation ability and ensure

emergence of flagship enterprises with mastery of

advanced core technologies

By 2015, to create an annual production capacity of 5

gigawatts (GW) in leading solar cell enterprises and

ensure that at least one PV solar company surpasses

annual sales revenue of RMB 100 billion; that three to

five PV companies surpass sales revenue of RMB 50

billion; and that three to four PV special equipment

enterprises surpass annual sales revenue of RMB 1

billion.

Announced on December 15, 2012, the 12th Five Year Plan

for Renewable Energy Development will soon be released

by the NEA. Its provisions are expected to identify a

series of targets for renewable energy in China including

the following:

40 US-China Economic and Security Commission. “Backgrounder: China’s 12th Five-Year Plan.” 24 June 2011. http://www.uscc.gov/researchpapers/2011/12th-FiveYearPlan_062811.pdf

41 A more complete discussion of the 12th FYP may be found in the Spring 2011 ACORE US-China Quarterly Market Review.

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CHINA MARKET REVIEW

Development of a globally competitive renewable

energy industry with use of wind, solar, thermal,

biomass, and other non-fossil energy development to

generate the power equivalent of 480 million tons of

coal by 2015

By 2015, installed wind power capacity of 100 GW

with annual electricity output of 190 billion kilowatt

hours (kWh) (from 62 GW and 80 billion kWh,

respectively, in 2011)

By 2015, installed solar power capacity of 15 million

kW with annual electricity output of 20 billion

kWh (from 2 million kW and nearly 1 billion kWh,

respectively, in 2011)

Reports indicate that China is prepared to invest

RMB 3 ($480 billion) in the clean energy and energy

conservation/environmental protection sectors over the

next five years.

ii. CUrreNt MArket CoNCerNSThe selection of the strategic emerging industries and

choices regarding national development policy set out

in the FYPs must be understood not only as drivers of

China’s state-directed, capitalist economy but also as

part of a domestic self-strengthening narrative. It has

been a near constant during China’s economic rise that

foreign technology should be attracted, studied, and

then deployed domestically for China’s own economic

advantage.

This drive is manifested in China’s quest to develop

domestic “national champions,” who are to be world

leaders in their chosen industries. As stated in the SEI

Decision:

To hold an advantageous position in future

international competition, we must accelerate the

fostering and development of strategic emerging

industries, control the key and core technologies

and related intellectual property rights, and

enhance our capability for independent

development.42

Echoing this sentiment last December, Liu Qi, Deputy

Director of the National Energy Administration, stated

that “in the initial stages of China’s international

renewable energy cooperation, China’s main concern is

access to foreign capital support and the introduction of

international advanced technologies.”43

This remark points to the tremendous opportunity for

foreign investors in the renewable energy sector to

market their technology and services within China. To

the extent that foreign capital support and technology

can further China’s own domestic development goals,

foreign investors can expect to find willing partners

among local businesses. As a result, regulatory approvals

and preferential financing or tax treatment may be more

readily available to spur investments within China.

At the same time, China’s drive to create “national

champions” and its continued insistence on “indigenous

innovation” counsels caution for prospective market

entrants. While potential SOE partners may bring

advantageous relationships that promote joint business

interests, these potential partners’ other interests may

not fully align with those of their international partners.

Companies in many industries, including renewable

energy, have reported misappropriation of intellectual

property by SOEs and their affiliates.44 Indeed,

42 Decision of the State Council on Accelerating the Fostering and Development of Strategic Emerging Industries (October 10, 2010), Article 3.43 Xinhua News. “12th FYP for Renewable Energy Decided - A Leap From Quantity to Quality.” 16 December 2011. http://energy.people.com.cn/

GB/16629061.html (““在可再生能源国际合作初期,中国主要关注的是获得国外资金支持和引进国际先进技术”)44 See, e.g., Bloomberg. “China Corporate Espionage Boom Knocks Wind Out of U.S. Companies” 15 March 2012. http://www.bloomberg.com/

news/2012-03-15/china-corporate-espionage-boom-knocks-wind-out-of-u-s-companies.html

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US-CHINA MARKET REVIEW

intellectual property rights to innovative technologies

remain a central concern in the U.S.-China bilateral trade

relationship,45 while an unsettled regulatory environment

and lack of government transparency continue to

confront American companies operating in China.46

During the last thirty years of its economic development,

China has perfected a highly efficient model under which

foreign capital and technology is fed and subsumed

into the national economic engine. Development of the

strategic emerging industries is likely to continue this

trend; although, savvy foreign partners may also reap

significant benefits along the way.

AboUt CoviNGtoN & bUrliNG, llpCovington’s Beijing office counsels companies on matters

across a wide range of areas, including market entry and

expansion, licensing of technology and other intellectual

property rights, compliance, and due diligence with

respect to mainland China companies and firms. It also

provides analysis of Chinese government public policy,

legislative and regulatory initiatives affecting industries in

which its clients operate, and related government liaison

work. Its work in Beijing integrates seamlessly with the

advice and expertise of its colleagues around the world,

including its many lawyers with extensive transactional

and senior government experience in our D.C., London,

and Brussels offices.

45 See, e.g., United States International Trade Commission. “China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy. November 2010. http://www.usitc.gov/publications/332/pub4199.pdf

46 The American Chamber of Commerce in Shanghai. “China Business Report: Executive Summary.” 2012. http://www.amcham-shanghai.org/NR/rdonlyres/E3337DDB-28FD-457D-96B7-2C77E21A2A90/15432/CBR_2011_Exec_Summary.pdf (Full report available to member companies)

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CHINA MARKET REVIEW

CHiNA FiNANCe: CHiNA’S reNewAble eNerGy FiNANCiNG bottleNeCk

China Greentech initiative (CGti)

installation, and although solar installations are set to

boom, the overall financing environment is unclear.

Government targets will drive increased renewable energy investment through 2020

Using current government targets for onshore

and offshore wind, solar photovoltaics (PV), and

concentrating solar power, CGTI estimates that China

could invest roughly RMB 2 trillion on wind and solar

projects between 2011 and 2020.47 The costs are

weighted towards the period from 2016 to 2020 when

targets for rather costly offshore wind and solar become

more important.48 However, limited funding sources have

become a bottleneck for wind and solar project finance,

potentially slowing the rate of development.

tHe reNewAble eNerGy FiNANCiNG bottleNeCkwind and solar energy projects present unique risks to financiers

The rapid growth of China’s wind and solar renewable

energy projects masks a

complicated financing picture.

Although both wind and solar

capital costs have fallen rapidly

over the past few years, the risks

of these projects remain elevated

compared to conventional energy

projects. Wind and solar projects

have unique risks at each stage,

from planning and construction

to operation. Projects that rely

on Certified Emissions Reduction

(CER) credits have additional

risks related to realizing income

SUMMAryChina’s rapidly growing utility-scale wind and solar

capacity will require trillions of RMB in funding from

2012 to 2020. To finance the country’s ambitious

renewable installation targets, China will need a variety

of financing models.

Given the high cost of renewable energy projects, it is

perhaps not surprising that limited funding sources have

become a bottleneck for project development. Debt,

such as bank loans and bonds, is currently the main

source for wind and solar financing, but good terms are

only available to the largest enterprises or state-owned

enterprises (SOEs), with little project financing needs.

Direct government support for wind and solar includes

tax credits, feed-in tariffs, preferential land-use policies,

and low-interest loans. However, the renewable energy

surcharge is currently insufficient to fund the high cost of

renewable energy projects. In summary, although China

has become the world leader in wind manufacturing and

0

50

100

150

200

250

300

350

400

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Concentrated solar power

Solar PV

O�shore wind

Onshore wind

Note: Calculation based on released wind and solar targets in 2015 and 2020; Unit system cost: onshore wind: RMB 7/W, offshore wind: RMB 16/W, solar PV: RMB 13/W, and 60% of total target is assumed to be utility scale power stations, CSP: RMB 15/W

FiGUre 5: eStiMAteD ANNUAl iNveStMeNt iN Utility-SCAle wiND AND SolAr projeCtS, billioN rMb, 2011–2020

47 CGTI analysis48 These estimates assume constant prices for the four categories of wind and solar power: RMB 7/W for onshore wind, RMB 15/W for offshore

wind, RMB 13/W for solar PV, and RMB 15/W for concentrating solar power.

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US-CHINA MARKET REVIEW

from this source. Figure 6 illustrates the scope of risks

faced by project lenders and financiers for a typical wind

power project.

loans, bonds, and ipos are the main source of funds for wind and solar to date

“Many people wonder whether financing is still a

bottleneck for wind development in China, like it is

in other countries. The short answer is yes, it’s still a

problem,” said Hisaka Kimura, head of private-sector

infrastructure finance at the Asian Development Bank,

as quoted by Recharge News.49 There are several

reasons why financing channels in China are limited.

First and foremost, China’s renewable energy push has

been led by SOEs, which have large balance sheets,

readily-available connections to local governments,

and the ability to garner low-cost financing from

state-owned banks. Bank loans, bond issuances, and

issuing public equity are the most popular financing

methods. Compared to other countries, China has less

funding from private equity and venture capital (PE/

VC), insurance, and pension funds. China also relies on a

renewable surcharge rather than a system of renewable

energy certificates (RECs).

Bank loans currently provide about 80% of wind and

solar project funding. Among commercial banks active

in providing such loans, China’s Top 4 (Industrial and

Commercial Bank of China, Agricultural Bank of China,

Bank of China, and China Construction Bank) provide the

largest share. Pudong Development Bank, the Hongkong

and Shanghai Banking Corporation (HSBC), and

Standard Chartered have also been active in this market.

In 2010, HSBC offered the first non-recourse project

financing for a wind farm project in Jilin province.50

Commercial loans tend to have shorter terms than those

in developed economies and have interest rates between

6 and 8%.51

Development banks have also provided project funding,

including China Development Bank, the World Bank and

the Asia Development Bank. Such funds are long-term,

low-interest (3–4%) loans open to both SOEs and private

companies.52 The downside of these loans is their limited

FiGUre 6: riSk proFileS For wiND power projeCt leNDerS AND FiNANCierS

Sources: UNEP, e-learning course on Insurance Risk Management for Renewable Energy Project; CGTI analysis

Plan and Construction

Engineering Risk Damage to property caused by technical, engineering or man-made hazards

Wind Volatility

Wind speed below required thresholds

Process Interruption Shut-ins due to unscheduled maintenance or natural catastrophes

CER bankability CER not recognized as bankable revenue

CER Marketability Limited marketability of emission reductions after 2012

PPA default Grid defaulting on contractual obligations under PPA

Contract Bankability Inability to secure bankable PPA with the grid company

Warranty Default Warranty provider failure to meet contractual obligation

Permitting Delays Inability to obtain building permits or other regulatory consents

EPC Non-performance

Contractor inability to deliver to specifications on time and at cost

CER Risk CER delivery shortfall due to regulatory, political and performance risk

Operation CER Realization

Medium Low High

Impact on project economics

CER: Certified Emission Reduction PPA: Power Purchase Agreement EPC: Engineering, Procurement and Construction

49 Stromsta, Karl-Erik, “China’s Big Five squeeze out wind developers,” RECharge News, Jul. 26, 2010, www.rechargenews.com50 HSBC, “Baicheng wind farm project,” www.hsbc.com, accessed on Feb. 1, 201151 CGTI interviews52 Ibid

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25

CHINA MARKET REVIEW

availability, as well as long application periods and a

complex project assessment process.

Given recent central government efforts to tighten

credit, developers have turned to the nascent mainland

and Hong Kong bond markets to raise capital. In

mainland China in 2011, state-owned energy companies

issued more than RMB 100 billion in bonds. Terms

ranged from 2 to 10 years, and coupon rates were 4 to

6% depending on maturity. Funds raised went to a mix

of conventional and renewable energy projects, with the

bulk going to conventional energy. Huaneng, Huadian,

and Guodian were the main issuers. The drawback of this

funding method is that, generally, it is only available to

large SOEs.

Recently, Hong Kong has emerged as a popular

alternative to mainland bond issuances. So-called ”dim

sum” bonds in 2011 had coupon rates of 4.5–6.4%.

Primary issuers in the energy category were China

Wind Power and Longyuan. However, compared to the

mainland bond market, the dim sum market is small,

with only RMB 63 billion issued in 2011, of which only

an estimated 6% was for wind and solar development.

Still, the bonds’ high liquidity and low issue cost, plus

the attractiveness they offer to investors anticipating

a continued appreciation in the RMB, may make this

market more attractive in the coming years.53

Equity issuances on the Hong Kong stock exchange

are another important source of funding for renewable

energy development in China. In 2009–2010, four state-

owned wind developers launched initial public offerings:

Guodian’s Longyuan Power, Huaneng Renewable Energy,

China Datang Corporation Renewable Power, and China

Suntien Green Energy. These four SOEs raised over

US$28 billion to meet installation targets; newly released

feed-in tariffs helped their valuations. China Wind Power

and China Power New Energy Development held two

smaller, earlier wind IPOs in Hong Kong. Huadian’s Fuxin

Energy and Guodian Technology & Environment both

plan Hong Kong IPOs for 2012.

Given the predominance of large SOEs in renewable

energy development, it is perhaps not surprising that

the private sector has had less of a role in this area

than it has had in the developed world. For example, in

the U.S., VC and PE firms have invested in renewable

energy development, with many VC firms focusing on

pre-construction projects or early-stage development

activities. Examples of such investments in the U.S.

include Austin Ventures’ $14 million investment in Lincoln

Renewable Energy, a project developer, to conduct

permitting, siting, and interconnection to ready projects

for construction.54 CleanPath Ventures also invested

$800 million in multiple projects,55 and Good Energies

Capital invested $37 million in Agile Energy.56

Examples of types of financing available outside China

that could expand funding channels include funding from

insurance companies, pension funds, and renewable

energy certificates. The following are specific cases

exploring how these channels have been used elsewhere:

In 2011, Munich Re invested €40 million in 40 wind

turbines in Germany.57

Munich Re also co-invested with KKR to purchase a

49% stake in solar power plants owned by T-Solar

Global SA.58

On April 1, 2011, PensionDanmark and PKA, two of

Denmark’s largest pension funds, invested $1 billion

in an offshore wind farm in Denmark.59

53 Law, Fiona, “HSBC Banker: More Renewable Energy Firms Likely to Sell Offshore Yuan Bonds,” The Wall Street Journal, May 4, 2011, www.online.wsj.com

54 Wesoff, Eric, “Solar Project Developer LRE Closes $14M VC Round,” Greentech Solar, Jan. 6, 2011, www.greentechmedia.com55 Roxborough, Shannon, “CleanPath to Pour $800 Million Into Solar Farms,” Energy Boom, Jun. 22, 2011, www.energyboom.com56 Wescoff, Eric, “Solar Developer Agile Energy Gets $24M More in VC Funding,” Greentech Solar, Jun. 10, 2011, www.greentechmedia.com 57 Suess, Oliver, “Munich Re Plans to Invest in Wind, Solar Parks to Boost Returns,” Bloomberg, Jun. 23, 2011, www.bloomberg.com58 Howley, John, “Private Equity and Insurance Firms Bet Big on Renewable Energy,” Green Conduct News, Jul. 22, 2011, www.greenconduct.com59 Quilter, James, “Pension funds invest in Denmark’s biggest offshore project,” Windpower Monthly, Mar. 28, 2011, www.windpowermonthly.com

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26

US-CHINA MARKET REVIEW

RECs are another potential channel for funds to meet

renewable targets. RECs are traded, intangible assets

created by the government to ensure utilities meet

renewable energy targets. Each utility is given a

specific target for renewable energy generation, and

these utilities have the opportunity to procure the

power directly through power-purchase agreements or

building utility-owned renewable plants, or they may

purchase RECs from third parties on the open market.

Any excess credits the utility generates can be sold

on secondary markets. RECs have the advantages of

widening participation in renewable energy development

while helping decrease costs through open competition.

On the other hand, RECs can also make renewable

energy development more risky, since the price of RECs

fluctuates over time.

tHe pAtH AHeADChina has embarked on an ambitious plan to develop its

renewable resources, and this plan has already attained

some major successes: China has become the world’s

largest wind power producer, as well as the largest

manufacturer of wind and solar equipment. To reach

the country’s ambitious installation targets for 2015 and

2020, policy makers will have to grapple with whether to

expand the financial playing field and open development

to a wider variety of players—including private domestic

and foreign developers, as well as financial players—or to

continue to rely on SOE banks and energy companies to

construct this vital infrastructure. Although the current

market is constrained, however, some changes, such as

Hong Kong IPO financing and bond issuances for wind

developers, are already underway.

AboUt tHe CHiNA GreeNteCH iNitiAtive Founded in 2008, the China Greentech Initiative (CGTI)

Partner Program has rapidly grown to become the only

China-international collaboration platform of 100+

organizations, focused on identifying, developing and

promoting green technology solutions in China. Partnering

organizations are technology buyers and sellers, service

providers, investors, policy makers and influencers. Built

on two cornerstones, strategic market research and a

community of 500+ decision makers, CGTI provides

participating organizations with three core areas of benefit:

world class market insights that enable better decisions,

meaningful relationships that lead to business opportunities,

and thought leadership and education that position

participants as leaders in China’s greentech markets. Please

visit www.china-greentech.com for more information.

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CHINA MARKET REVIEW

CHiNA MArket FoCUS: MArket opportUNity For tHiN FilM iN CHiNA

Chris o’brienOerlikon Solar

considerably between the cost of PV energy and the cost

of conventional fossil-fired electricity generation.

reCeNt poliCieS to iNCreASe DoMeStiC MArket For pv iN CHiNAIn addition to becoming the leading region for PV

manufacturing, China has also taken dramatic steps to

increase the domestic market for PV over the past few

years, with a series of national and provincial policies

aimed at accelerating investment into PV projects of all

sizes. The key policy drivers are outlined below.

12th Five yeAr plANThe 12th Five Year Plan, announced in March 2011,

included some notable new commitments for solar

deployment and manufacturing in China. The National

Development and Reform Commission increased the

country’s 2020 cumulative PV deployment target from

20 gigawatts (GW) to 50 GW, and the PV industry was

identified as one of the seven “strategic industries”

outlined in the plan.

UNiFieD FeeD-iN tAriFFIn 2011, the government introduced a Unified Feed-in

Tariff (FiT) to support PV market growth in China. All

grid-connected projects approved after July 1, 2011 are

eligible to receive a FiT of RMB 1 per kilowatt hour (kWh)

($0.16/kWh). Projects located in Tibet are eligible for a

higher FiT of RMB 1.15/kWh. There is no cap on the FiT,

and there is no differentiation between large and small

grid-connected projects.

GolDeN SUN proGrAMThe Golden Sun program was launched in 2009,

intended to support the installation of 500 megawatts

(MW) of solar capacity by 2012. The program did not

provide a FiT but instead provided an up-front subsidy

exeCUtive SUMMAryOver the past several years, China has moved into a

leadership position in the global solar photovoltaics (PV)

industry, with dramatic scale-up and cost reduction in PV

component manufacturing, as well as dramatic scale-up

in the pace of deployment of PV systems in China. The

Chinese government has identified solar PV as one of the

country’s key strategic industries, and it has supported

the growth of the market in China with both ambitious

long-term targets and stable short-term investment

incentives. While the last major PV manufacturing

capacity investment cycle in 2010-11 was focused largely

on wafer-based PV technologies, the next investment

cycle in China will likely be different, with a much greater

share of investment supporting new and expanded

thin film manufacturing capacity in China. Thin film

technology leaders have succeeded in maintaining a low

production cost advantage even as market prices have

fallen rapidly.

iNtroDUCtioNChina has been at the forefront of a set of dynamic

trends that have reshaped the global market for PV over

the past few years. The country has become the leading

world supplier of PV cells and modules and has more

recently become one of the largest end-markets for solar

PV. Traditional wafer-based crystalline PV technology

has dominated recent investments in manufacturing

and installations, but thin film technologies are likely to

play a much more significant role in the next investment

cycle, due to advances by leading global technology

suppliers to drive down costs and improve product

quality. Government policies have played an important

role in accelerating investments in and market growth

for PV in China, and falling prices have narrowed the gap

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28

US-CHINA MARKET REVIEW

equal to 50% of the installed cost of the PV systems. The

program also mandated that utilities use the electricity

generated by the PV systems to offset demand.

reMArkAble MArket GrowtH2011 saw remarkable growth in the end market for PV

systems in China, increasing approximately five times

the amount installed in 2010, which was about 500 MW.

The growth was attributable to several factors, including

the newly-introduced policies outlined above, the rapid

decline in the price of PV systems, and the slowing

growth of end-market demand in European markets.

iMpACt oF poliCieS oN tHiN FilM MArketRenewable energy policy in China is evolving in a

promising way for the future development of thin film

end markets in China. The uniform feed-in tariff structure

introduced in 2011 has created a bias toward installations

that deliver the lowest cost energy, which are typically

large-scale, ground-mounted PV projects. This type

of market is well suited to thin film technologies. This

advantage is even greater for systems installed in high-

temperature regions, as thin film technologies have an

advantageous “temperature coefficient”, meaning that

they deliver more energy at high temperatures than

comparably-rated, wafer-based crystalline modules.

iNveStMeNt bUbble oF 2010–11An unprecedented rush of investment into new or

expanded manufacturing capacity for traditional wafer-

based crystalline PV modules led to China’s assuming

global leadership in manufacturing capacity. At the

same time, this investment bubble led to a sharp drop in

prices that compressed margins in 2011 and 2012. Many

of the PV manufacturing plants built in 2010 and 2011 are

struggling to remain competitive today due to the drop

in market prices. Leading wafer-based PV manufacturers

in China are moving quickly to reduce production costs

but have not been able to keep pace with the drop in

prices. Consequently, most are reporting operating

losses in today’s market, resulting in significant operating

losses since Q3 2011.

tHiN FilM iS CoMpetitive CHoiCe For Next iNveStMeNt CyCleLooking ahead to the next investment cycle for PV

manufacturing capacity expansion in China, it is

likely that thin film

manufacturing will play

a much more significant

role, given some thin film

technologies’ inherently

simpler manufacturing

process. Since leading

thin film technology

suppliers have

dramatically improved

the performance and

reliability of thin film

silicon technology,

investors can be

confident that thin

film technology will be

competitive in near- and

medium-term markets.

FiGUre 7: pv eqUipMeNt SpeNDiNG

$ million

12,000

10,000

8,000

6,000

4,000

2,000

015141312111009080706

Historical(“Investment Bubble” for c-Si in 2010–11)

Forecast (New investment cycle beginsin 2012 — opportunity for Thin Film)

Source: SolarBuzz Equipment Quarterly, Jan 2012

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29

CHINA MARKET REVIEW

Figure 9 shows a comparison among

reported PV module production costs

for several leading PV companies

during the 4th quarter of 2011. Also

shown is the announced cost of

ownership for the latest turnkey

manufacturing line for thin film silicon

PV from Oerlikon Solar, the market

leader in this segment. Further cost

reductions are expected from both

wafer-based PV manufacturers and thin

film PV manufacturers and technology

suppliers. It is significant to note,

however, that the competitiveness of

the thin film silicon production costs

shown below are based on a production

line with only 140 MW of annual

production capacity, while the costs

for the more mature wafer-based suppliers are based on

production volumes that are in many cases more than 10

times higher.

iNCreASiNG tHiN FilM r&D AND iNNovAtioN iN CHiNAIn addition to China’s growing leadership in PV

manufacturing and its fast-growing domestic market for

PV installations, companies in China are also investing

heavily to accelerate PV technology innovation to further

decrease costs and increase PV performance. While

most of the recent research activities have focused on

wafer-based crystalline PV technologies, there is also

increasing interest and investment in China for thin film

research and development (R&D). As an example of this

shift, in December 2011 the International Cooperation

Center of the China Renewable Energy Society (CRES)

announced a Memorandum of Understanding (MOU)

with Oerlikon Solar to collaborate on thin film silicon

technology in China. Announced in Beijing, this strategic

partnership marked the start of a joint effort to capitalize

FiGUre 8: ebit MArGiN For SeverAl leADiNG pv MANUFACtUrerS

Data sources: Q4 earnings releases, Oerlikon Solar estimates

Q3 11 Q2 11 Q1 11 Q4 10 Q3 10

Tier 1 c-Si

Tier 1 c-Si

Q4 11

Tier 1 c-Si

Tier 1 TF

~$1.75 ~$1.50 ~$1.25 ~$1.05 Ave c-Si Module Price

30%

20%

10%

0%

-10%

-20%

-30%

Data sources: Q4 earnings releases, Oerlikon Solar estimates

FiGUre 9: pv MoDUle proDUCtioN CoStS For leADiNG MANUFACtUrerS

$0.72/W

$0.13/W

Mfr ATier 1 c-SiQ4 2011

Mfr BTier 1 c-SiQ4 2011

Mfr CTier 1 c-SiQ4 2011

Mfr DTier 1 TFQ4 2011

Mfr DTier 1 TF

2012E

TurnkeyTF Si (Est)

Production Cost$/Wp

$0.65/W

$0.46/W

$0.19/W

$0.78/W

$0.67/W

$0.11/W

$0.85/W

E�ciency Penalty1.20

1.00

0.80

0.60

0.40

0.20

0.00

$1.17/W$1.04/W

$0.94/W

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on the benefits of the Oerlikon’s thin film silicon solar

technology with an emphasis on China, including:

Research on thin film solar power electricity

generation

Support for and participation in demonstration

projects undertaken by the International Cooperation

Center for CRES government policy advisory

Organization of forums such as the 2012 “Conference

on Thin Film Solar Power Cell Technology”

CoNClUSioNChina has declared and demonstrated a commitment to

develop solar PV as a strategic industry domestically. At

the same time, the country has increased deployment

of PV to meet an increasing portion of its fast-growing

demand for electricity. The rapid PV industry growth

and widespread adoption of solar PV in China has been

remarkable, and the country’s long-term commitment

to solar PV, as evidenced by the increased 2020 targets

included in the 12th Five Year Plan, provide a level of

market certainty that will continue to attract new

investment. Investment in new manufacturing capacity

is recovering from an “investment bubble” in 2010-11

that was driven primarily by large-scale wafer-based

PV manufacturing plants in China. The next investment

cycle will be different, however, and low-cost thin

film technologies will comprise a much larger share

of new manufacturing investment in China. Ongoing

innovation in thin film PV technologies has succeeded

in maintaining competitively low production costs for

thin film silicon and certain other thin film technologies.

Finally, an increasing portion of thin film R&D will take

place in China, evidenced by agreements such as the

recent MOU between China’s CRES and Oerlikon Solar.

AboUt tHe AUtHorChris O’Brien is a member of the Advisory Board for

ACORE and is the Head of Market Development for

Oerlikon Solar. Oerlikon Solar is a global supplier of

advanced manufacturing equipment and manufacturing

lines for low-cost thin film silicon solar PV modules. Chris

has held senior management positions with leading solar

PV and other energy companies and trade associations

for over 20 years. He holds an engineering degree from

Dartmouth College and an MBA from Stanford University.

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31

US-CHiNA CollAborAtioN UpDAte

GoverNMeNt CollAborAtioN

for both countries and the rest of the world…… We are

hopeful that you and Vice President Xi will discuss the

mutual interests that America and China have in regard

to expanding the use of solar technology.” The CEOs

represent companies from 19 states and are engaged

in all segments of the solar industry, from polysilicon

manufacturing to solar installations.60 At a February 14,

2012 luncheon for Chinese Vice President Xi Jinping,

hosted by Secretary of State Hillary Clinton and Vice

President Joseph Biden, Secretary Clinton stated that

cooperation between the U.S. and China is “imperative

to addressing the many vexing challenges we face, from

countering proliferation, to addressing climate change, to

promoting global economic security.”61 Vice President Xi

echoed this sentiment at a meeting at the U.S. Chamber

of Commerce, before American and Chinese CEOs: “The

economic agendas of the two countries have a lot to offer

to each other, and there is space for our cooperation in

energy, environmental protection, biomedicine, advanced

manufacturing and infrastructure.”62 Xi had stated earlier

at the same White House luncheon that communication

and cooperation on the environment could serve to

Los Angeles Mayor Antonio Villaraigosa (left) and Chinese Vice President Xi Jinping (right) visit the Port of Los Angeles on February 17. At the Port, Vice President Xi met with employees of China Shipping, which is undertaking a major expansion project of their terminal within the Port of Los Angeles. Image Courtesy LA Mayor’s Office of Economic and Business Policy.

xi jiNpiNG’S viSit to tHe U.S.As the United States and China look to the green

economy to drive growth in the coming years, both

direct cooperation and diplomacy aimed at fostering

fair competition will be crucial. As 45 CEOs stated in

a collective letter to President Obama on February

13, 2012 “We are at a crucial time in the development

and growth of the solar industry with broad benefits

60 “US Solar CEOs Call on Obama to Negotiate with China,” Solar Novus Today, February 13, 2012, accessed March 21, 2012, http://www.solarnovus.com/index.php?option=com_content&view=article&id=4328:us-solar-ceos-call-on.

61 “Vice President Biden and Secretary Clinton Host Chinese Vice President Xi,” DipNote Blog, February 15, 2012, accessed March 20, 2012, http://blogs.state.gov/index.php/site/entry/clinton_china_vp.

62 “Remarks by Vice President Biden and Chinese Vice President Xi to U.S. and China CEOs,” The White House, Office of the Vice President, February 14, 2012, accessed March 20, 2012, http://www.whitehouse.gov/the-press-office/2012/02/14/remarks-vice-president-biden-and-chinese-vice-president-xi-us-and-china-.

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32

US-CHINA MARKET REVIEW

“cement the basis of cooperation and broaden bilateral

ties.”63 There is also growing awareness of the need for

energy policies in both countries to complement each

other rather than to clash, as the global community turns

increasingly to China and the U.S. to shape the dialogue

on international climate change.

The China Shipping Group’s Los Angeles terminal, one

of the final stops on Xi’s tour, provides an example of

this kind of cooperation. During Xi’s visit to the terminal

on February 17, 2012, California Governor Jerry Brown

and Los Angeles Mayor Antonio Villaraigosa praised the

terminal’s success in the fields of both energy efficiency

and environmental protection, and Xi noted its efficient

use of propane as a clean alternative.64 Finally, the State

Department used the occasion of Xi’s visit to expand

the U.S.-China EcoPartnerships Program, which focuses

on strengthening subnational environmental ties in the

public, private, and civic sectors. At the city level, Hefei,

the capital of Anhui Province, and Columbus, Ohio are

the latest addition to the program, bringing the total

number of EcoPartnerships to 15.65

reSeArCH AND DevelopMeNtFinally, even as recent years have seen focus shift

away from research, development, and demonstration

(RD&D), research institutes in both the U.S. and China

have signed agreements on several cutting-edge

projects this year. In February 2012, the National Energy

Administration and National Development and Reform

Commission established China’s first renewable energy

think tank, the China National Renewable Energy Center

(CNREC). CNREC has named clean energy scientists,

experts, and analysts from several countries to its

consulting committee. Dr. David Kline, of the Strategic

Energy Analysis Center at the National Renewable

Energy Laboratory, represents the United States on the

committee.66 To date, the Center has already released

two studies on biogas and the market size for waste-to-

energy (WTE) technologies in China. As China grapples

with issues arising from mechanized agriculture and

urban waste disposal, biogas and WTE represent a

potentially fruitful avenue for Chinese renewables.

On March 19, 2012, the School of Energy Research at

Xiamen University in Fujian Province announced a

partnership with several international firms, including

the Department of Energy’s Lawrence Berkeley National

Laboratory (LBNL), to build and research direct-current

microgrids on Xiamen University’s campus. The research

project could revolutionize the way building energy

use in China is created, stored, and managed, with the

potential to introduce renewable technologies onsite

and mobile and online energy management software

systems.67 The project is part of LBNL’s DC Power for

Data Centers of the Future initiative.68

Two utility companies, Duke Energy and China’s Huaneng

Energy Group, have also received funds from the U.S.-

China Clean Energy Research Center (CERC) to pursue

a 3-year project researching low-cost carbon capture

and storage technologies.69 The U.S.-China Clean

Energy Research Center was established in 2009 by U.S.

President Barack Obama and China’s President Hu Jintao

in order to support joint research and development on

clean energy technology.70

63 “Chinese, US presidents hold talk on ties,” Global Times, February 15, 2012, accessed March 20, 2012, http://www.globaltimes.cn/NEWS/tabid/99/ID/695980/Chinese-US-vice-presidents-hold-talks-on-ties.aspx.

64 “Xi Jinping Inspects China Shipping Group’s Los Angeles Terminal,” Ministry of Foreign Affairs of the People’s Republic of China, February 17, 2012, accessed March 20, 2012, http://www.fmprc.gov.cn/eng/zxxx/t906991.htm.

65 “Expansion of U.S.-China EcoPartnerships Program,” United States Department of State Media Note, Office of the Spokesperson, February 15, 2012, accessed March 20, 2012, http://www.state.gov/r/pa/prs/ps/2012/02/184027.htm.

66 Juan, Du, “China sets up first renewable-energy think tank,” China Daily, February 24, 2012, accessed March 21, 2012, http://www.chinadaily.com.cn/bizchina/2012-02/24/content_14686084.htm.

67 “Xiamen University Partners with Leading Technology and Energy Providers to Build China’s First Direct-Current Microgrid,” Marketwatch, The Wall Street Journal, March 19, 2012, accessed March 20, 2012, http://www.marketwatch.com/story/xiamen-university-partners-with-leading-technology-and-energy-providers-to-build-chinas-first-direct-current-microgrid-2012-03-19?reflink=MW_news_stmp.

68 See http://dcdatacenters.com/69 “Duke Energy & China Huaneng sign CCS research agreement,” Carbon Capture Journal, February 18, 2012, accessed March 20, 2012,

http://www.carboncapturejournal.com/displaynews.php?NewsID=898.70 See http://www.us-china-cerc.org/

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33

US-CHINA COLLABORATION UPDATE

privAte SeCtor CollAborAtioN

ACqUiSitioNSince December 2011, State Grid, China’s state-owned

utility company, has been in talks to acquire an 80%

stake in global power producer AES Corp’s U.S. wind

energy assets, representing approximately 1.1 gigawatts

(GW) of capacity. The assets are estimated to be worth

$1.65 billion. State Grid has been actively expanding

overseas, purchasing controlling stakes in utility

companies in Portugal and Brazil. China Investment

Corporation, China’s sovereign wealth fund, already

holds a 15% stake in AES, meaning the deal could face

political hurdles in the U.S.72

iNveStMeNtIn addition to its joint venture with NRG Solar, China’s

GCL-Poly released a joint statement with Bank of

America Merrill Lynch (BOAML) in February 2012 stating

that it plans to use the bank as a long-term source

of funding for its U.S. projects. At present, BOAML

is financing the construction of a 15-site, 5 MW solar

installation in California by GCL Solar. This is an example

of GCL Solar’s continuing efforts to establish a firm

presence as a photovoltaic (PV) developer both in China

and in the U.S.73

American Jianye Greentech Holdings, Ltd., announced

on March 7, 2012 that it will invest in Gulf Coast Energy

Inc. (GCE) to build a blending factory for biofuels in

Alabama. The factory will produce and distribute 30

million gallons of alcohol-based fuel per year, and this

new partnership will build on GCE’s wood waste-to-

ethanol demonstrated technology. American Jianye

plans to use this project as a stepping stone to accelerate

business development in the United States.74

In the beginning of 2012, U.S. and Chinese companies

signed agreements to build large-scale renewable projects,

improve solar panel construction, and develop electric

vehicles. While large and state-owned Chinese companies

continued their recent trend of investing in overseas

energy markets, U.S. companies welcomed investment as

an opportunity to establish research projects.

joiNt veNtUreSMurphy-Brown, a subsidiary of Smithfield Foods, and

Beijing Helee Bio-Energy (HELEE), a subsidiary of

DQY Agriculture Technology Co., Ltd., announced the

formation of a joint biogas venture in February 2012.

The project will adopt core technologies from HELEE

and is estimated to produce 3.5 million cubic meters of

methane annually, with a power generating capacity of

1 megawatt (MW). The project will not only produce 7

million kilowatt hours (kWh) of electricity per year but

will also cut 42,000 tons of CO2 emissions annually.71

Liansheng Miao, chairman and chief executive officer of Yingli (left) and Dave Miller, president of DuPont Electronics & Communications (right), sign a $100 million strategic agreement for solar materials and technology collaboration. Image courtesy of DuPont.

71 “China and US Firms Sign Biofuel Deal,” The Bioenergy Site, February 20, 2012, accessed March 21, 2010, http://www.thebioenergysite.com/news/10496/china-and-us-firms-sign-biofuel-deal.

72 Xu, Wan and Don Durfee, “China’s State Grid in talks to Buy AES’ U.S. wind assets: sources,” Reuters, February 27, 2012, accessed March 20, 2012, http://finance.yahoo.com/news/China-State-Grid-talks-buy-rb-917004133.html.

73 Lee, Andrew, “Bank of America to be ‘long-term funder’ of China’s GCL-Poly,” RECHARGE, February 15, 2012, accessed March 21, 2012, http://www.rechargenews.com/business_area/finance/article303458.ece.

74 Aylott, Chris, “China Biofuel Company Invests in Alabama,” Emerging Money, March 8, 2012, accessed March 21, 2012, http://emergingmoney.com/china/china-biofuel-company-invests-in-alabama-ajgh/.

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bUSiNeSSGE announced in late February 2012 that it will provide

its ecomagination-qualified Jenbacher gas engines

to power China’s largest landfill gas (LFG) power

generation project. The LFG project is owned by

Laogang Renewable Energy Co., a joint venture formed

by Veolia and the Shanghai Environmental Group. This

project will support China’s 12th Five-Year Plan — in

which the country has pledged to invest more than

RMB 260 billion in the waste treatment industry,

including waste-to-energy initiatives — and also

improve the living conditions in local areas by reducing

greenhouse gas emissions and producing energy.75

reCeNt U.S.-CHiNA privAte SeCtor CollAborAtioN

U.S. FirM CHiNeSe FirM CollAborAtioN

Dupont Corp. Suntech Power Holdings Co., Ltd.

The two companies will make improvements in backsheets construction and study how this affects longevity and power outputs of solar modules. DuPont has also promised to help Suntech improve its supply chain, and the companies have pursued “co-marketing” to help educate customers and partners down the value chain.76

Hudson Clean Energy Partners

GSE Investment Corp. Hudson acquired a minority interest in the China-based GSE Investment Corporation, a premier operator of solid waste-to-energy and tap water/wastewater treatment projects. The acquisition, which is Hudson’s first investment in China, will allow GSEI to launch several expansion and greenfield projects and accelerate its near-term growth.77

Premier Power Renewable Energy Inc.

Chaori Solar USA, LLC (Shanghai Chaori Solar Energy Science & Technology Co.)

A $27.6 million contract announced in February 2012 between Premier and investment-focused Chaori Solar USA will build three high-performance, utility-scale solar power plants in New Jersey. Premier will provide engineering, procurement, and construction services using panels from San Jose-based SunPerfect Solar Inc.78

DuPont Corp. Yingli Green Energy Holding Co.

Yingli Green Energy Holding Co. will purchase $100 million of solar material from DuPont Co., including photovoltaic metallization pastes and protective backsheet films.79

75 “GE Gas Engine Technology to Power China’s Largest Landfill Gas Project,” Power Engineering, February 25, 2012, accessed March 21, 2012, http://www.power-eng.com/news/2012/02/26/ge-gas-engine-technology-to-power-china-s-largest-landfill-gas-project.html.

76 Montgomery, James, “Suntech, DuPont to Collab on Solar Backsheets, Supply Chain,” RenewableEnergyWorld.com, February 3, 2012, accessed March 21, 2012, http://www.renewableenergyworld.com/rea/news/article/2012/02/suntech-dupont-to-collab-on-solar-backsheets-supply-chain.

77 “Hudson Clean Energy Partners Acquires Minority Interest in China-Based GSE Investment Corporation; GSEI Leads China’s Fast-Growing Environmental Protection Industry,” Market Watch, The Wall Street Journal, February 15, 2012, accessed March 21, 2012, http://www.marketwatch.com/story/hudson-clean-energy-partners-acquires-minority-interest-in-china-based-gse-investment-corporation-2012-02-15.

78 Glover, Mark, “Premier Power Lands New Jersey Project,” The Sacramento Bee, March 9, 2012, accessed March 21, 2012, http://www.sacbee.com/2012/03/09/4323674/premier-power-lands-new-jersey.html.

79 Goossens, Ehren, “China’s Yingli to Buy $100 Million in Solar Products From Dupont,” Bloomberg Businessweek, February 14, 2012, accessed March 21, 2012, http://www.businessweek.com/news/2012-02-14/china-s-yingli-to-buy-100-million-in-solar-products-from-dupont.html.

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80 Goossens, Ehren, “LDK Solar Gets $64 Million in China Funding for U.S. Projects,” Bloomberg New Energy Finance, January 5, 2012, Online, Accessed: March 20, 2012, http://bnef.com/News/51330

81 Tournemille, Harry, “Goldwind Acquires Montana’s Musselshell Wind Project from Volkswind,” Energy Boom, January 19, 2012, Online, Accessed: March 20, 2012, http://www.energyboom.com/wind/goldwind-acquires-montanas-musselshell-wind-project-volkswind

82 “GCL-Poly Energy and NRG Solar Form Joint Venture,” Solar Buzz, Solar Market Research and Analysis, February 6, 2012, accessed March 21, 2012, http://www.solarbuzz.com/node/3687.

83 “Satcon, Great Wall Computer Announce Strategic Sales and Manufacturing Partnership to Expand Satcon’s Leadership Position in China’s Utility Scale Solar Market,” Business Wire, February 7, 2012, accessed March 21, 2012, http://www.businesswire.com/news/home/20120207005553/en/Satcon-Great-Wall-Computer-Announce-Strategic-Sales.

84 Robinson-Avila, Kevin, “Emcore’s solar joint venture in China starts production,” New Mexico Business Weekly, March 1, 2012, accessed March 21, 2012, http://www.bizjournals.com/albuquerque/news/2012/03/01/emcores-solar-joint-venture-in-china.html.

85 “ONYX signs MOU to Acquire 25% of ‘Plug-N-Play’ Co-Developer,” Business Wire, January 25, 2012, Online, Available: http://www.businesswire.com/news/home/20120127005192/en/ONYX-Signs-MOU-Acquire-25-

Solar Power, Inc. (SPI)

China Development Bank Corp. (CDB)

SPI, which is 70%-owned by LDK Solar Co., announced in January 2012 that it had received $44 million from the state-owned CDB. The funding is slated for projects in New Jersey that the company is building for U.S. developer KDC Solar, LLC. LDK also received $20 million in financing from the CDB for two projects that SPI will develop and build in California.80

NorthWestern Energy Corp.

Goldwind USA Inc. (Goldwind Science & Technology Co., Ltd.)

In January 2012, Goldwind USA acquired the 20 MW Musselshell Wind Project in Montana from Volkswind USA. The project allows Goldwind to increase market penetration of its permanent magnetic drive technology in the U.S. NorthWestern Energy has arranged construction, power purchase, and interconnection agreements with Goldwind.81

NRG Solar, LLC (NRG Energy Inc.)

GCL-Poly Energy Holdings Ltd.

GCL-Poly Energy and NRG Solar announced the formation of Sunora Energy Solutions 1, LLC, in early February 2012. Further information on this joint venture has yet to be disclosed. Each of the shareholders hopes to substantially enhance financial returns by combining GCL-Poly’s performance-optimized PV system equipment and NRG’s proprietary advanced racking.82

Satcon Technology Corp.

China Great Wall Computer Group Co., Ltd. (GWCC) (China Electronics Corp.)

Satcon announced in February 2012 that it had signed a five-year agreement with GWCC. The agreement covers commercial sales, as well as a marketing and distribution relationship in the Chinese market. The deal will allow Satcon to bring its utility-scale inverter technology to an estimated 14 GW of utility-scale projects under development in China.83

Emcore Corp. San’an Optoelectronics Co., Ltd.

In February 2012, Suncore Photovoltaics Co., Ltd., a joint venture between Emcore and San’an, broke ground on its Huainan factory, which will deliver an estimated 200 MW of solar PV components and subsystems in its first phase. The capacity of the components is expected to reach 1 GW annually over the next five years.84

Onyx Service & Solutions Inc.

Optimum Solar Corp. In January 2012, Onyx announced that it had signed a Memorandum of Understanding with Optimum Solar. Onyx plans to acquire 25% of Optimum, which co-developed the “Plug-N-Play” all-in-one solar panel system. Onyx hopes to gain engineering and manufacturing expertise through the acquisition.85

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